Slip, Trip And Fall Accidents Are Common, But Complex
Trip, slip and fall accidents are common, particularly in New York City, where potholes, broken sidewalks, dangerous stairwells, ice, snow and other slick conditions are common hazards. If you were injured in a slip or trip and fall on someone else’s residential or business property, you may have a claim if that property had a defective surface, a slippery substance or other dangerous condition that caused the fall. This is called premises liability.
These injuries most commonly occur at restaurants, supermarkets, stores and on sidewalks. You may also pursue a claim for injuries against a state, city or other government entity if your accident occurred on government-controlled property such as a bus stop, subway station or housing development. A homeowner insurance policy may pay compensation for a slip- or trip-and-fall accident, a dog bite or a swimming pool drowning accident.
Not every slip-and-fall injury entitles the injured person to a claim, only those related to accidents caused by the property owner or manager’s failure to maintain the premises in a reasonably safe condition, or warn the public of a dangerous condition that they caused, knew about, or should have known about. Was a member of your family injured in a slip-and-fall accident caused by negligence of a New York City business owner or operator? If you have questions about a personal injury claim, an attorney from our Brooklyn firm, Lozner & Mastropietro, will be happy to speak with you. Please contact our office to arrange a free consultation with one of our lawyers.
Premises Liability Law And Slip And Fall
Premises liability is the law that governs trip, slip, and fall accidents and determines who is at fault. Every premises liability case is evaluated on an individual basis and considers whether or not the property owner took precautions to make the area safe, as well as whether or not you were careless and contributed to the slip and fall accident. The monetary amount of compensation that you can recover for your injuries depends on the extent of the property owner or tenant’s legal responsibility. Contact a lawyer to discuss a trip or slip and fall accident claim. A premises liability claim may involve a slippery grocery aisle, debris at a construction site or workplace, an uneven sidewalk, broken stairs, an icy parking lot or an unprotected swimming area.
Municipal Liability For Slip-And-Fall Accidents
Municipal liability is the law that governs the responsibility of government bodies for personal injuries caused on government-owned property or by government employees. States, counties, cities and other government bodies, such as housing or transit or port authorities that own or occupy property such as parks, subways, buses, subway stations, bus shelters, and housing projects also have the responsibility to be aware of dangerous conditions on their premises and to take reasonable actions to alert the public and correct the situations in a reasonable amount of time.
It is important to note, however, that New York City cannot be held responsible for slip and/or trip and fall injuries that occur on city property unless the city had prior written notice of the dangerous condition that caused the accident (or if the city caused or created the defect through construction, etc.). For New York City to be responsible for an accident caused by a broken sidewalk, for example, it must have had written complaints regarding that portion of the sidewalk on record for at least 15 days prior to the accident and the adjacent property is a one-, two- or three-family home that is wholly or partially owner occupied and used exclusively for residential purposes. If the adjacent property does not fit this description, then the adjacent property owner will be responsible.
It is important to know YOU HAVE ONLY 90 DAYS TO FILE A CLAIM for personal injuries caused by New York City or other NYC government bodies so it is important to consult with an attorney as soon as possible after your accident to preserve your rights.
Contact Our New York Premises Liability Attorneys
At Lozner & Mastropietro, our Brooklyn lawyers are dedicated to helping victims of slip, trip and fall accidents recover fair compensation for their injuries. If you or a loved one has been injured as a result of a slip and/or trip and fall accident, or you simply need more information, please call 718-615-0044 or use our online contact form to schedule a free consultation.